Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, November 6, 1995

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, November 6, 1995 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; absent: Council Members Glassheim, Johnson - 2.

Mayor Polovitz announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the issue.

COMMENTS RE. HOUSING AUTHORITY

Mayor Polovitz announced that this has been special day for Grand Forks Homes, Grand Forks Housing Authority and the City of Grand Forks; that since 1977 the housing complex at 4th Avenue South and Cherry Street has provided decent, affordable housing for 190 families; and thanks to the Department of Housing and Urban Development and Grand Forks Homes and with the help of Grand Forks CDBG Program, a $2 million remodeling project has recently been completed (updated kitchens, bathrooms, windows and mechanical systems were installed, and improvements created scores of employment opportunities for local con- tractors and virtually every part of the project was done with local and Grand Forks talents; and that these improvements will guarantee that this project will continue to provide decent housing for low and moderate income families for years to come. He also stated that although not required, Grand Forks Homes has required that all of the housing owned by this non-profit corpora- tion pay its fair share in property taxes. He stated that this afternoon Grand Forks Homes hosted a ribbon-cutting ceremony at the site of the re- modeled complex, and that the Department of Housing and Urban Development sent an official from Denver to help rededicate the complex. Mayor Polovitz thanked Mr. Kelso and staff for support provided over the past year.

Mayor Polovitz introduced Joe Kelso, chief of multi-family asset management branch of Department of Housing and Urban Development.

Mr. Kelso stated that for once HUD is party to a real success story, that they were party to project which was in need and were able to provide some resources for that; and brings to the fore that people can work together in communities and have final result that really works well for everybody. He stated there are lot of changes coming about, some subsidy programs are to be changed, that Grand Forks in better position to withstand those changes than lot of communities, contracts will expire, but there will be individual certificates that will go to low income residents who will be able to take them throughout the community or stay where they are. He stated that as a HUD official he would like to state that they would provide as much information as can to deal with those issues. He also commented on youth centers, that they need to make homes out of the houses that they build, and have done excellent job on that. He offered his congratulations to the city and all its agencies for having done a wonderful job and one they would like to use as an example to other communities around the country. Mayor Polovitz thanked Mr. Kelso for his comments.

COUNCIL MEMBER BEYER EXCUSED

APPROVE MINUTES AUGUST 21, 1995

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, August 21, 1995 were presented and read. It was moved by
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Council Member Hagness and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3550, RELATING TO
FRANCHISE FEES FOR NORTHERN STATES POWER
COMPANY ELECTRICITY FRANCHISE

An ordinance entitled "An ordinance amending Section 7(B) of Ordinance No. 2906 relating to franchise fees for Northern States Power Company electricity franchise", which had been introduced and passed on its first reading on October 16, 1995, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Babinchak, Geller, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3551, RELATING TO
FRANCHISE FEES FOR NORTHERN STATES POWER
COMPANY NATURAL GAS FRANCHISE

An ordinance entitled "An ordinance amending Sections 7(B) and (D) of Ordinance No. 2907 relating to franchise fees for Northern States Power Company natural gas franchise", which had been introduced and passed on its first reading on October 16, 1995, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Babinchak, Geller, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3552, TO AMEND UNIFORM
BUILDING CODE, 1991 EDITION, BY DELETING
SECTION RELATING TO REQUIREMENT FOR DRAFT STOPS

An ordinance entitled "An ordinance amending Section 19-0101 of the Grand Forks City Code relating to amendment to the Uniform Building Code",
which had been introduced and passed on its first reading on October 16, 1995, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Babinchak, Geller, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE CHANGES IN ELECTION OFFICIALS FOR
SPECIAL CITY ELECTION NOVEMBER 28, 1995

The city auditor presented listing of election officials (including judges and clerks) for the special city election to be held November 28, 1995, and noted there was a change in the inspector for the 4th precinct, 4th ward. It was moved by Council Member Babinchak and seconded by Council Member Sande that the listing of election officials for the special city election be and is hereby approved as presented. Carried 11 votes affirmative.

REFER CONSENT AGENDA ITEMS - PROPOSED
APPOINTMENTS

Mayor Polovitz announced the following proposed appointments to various
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committees/boards:
1) Dial-A-Ride Committee: Darryl Hovland
2) Library Board: Kitty Maidenberg

REPORTS OF OFFICERS

The city auditor's report on investments for October, 1995 was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Hanson that this report be and is hereby received and filed. Carried 11 votes affirmative.

BOARD OF ZONING ADJUSTMENTS REPORT

A communication from Bev Collings, secretary, Board of Zoning Adjustments, was presented and read stating that the Board had held a public hearing in City Hall on Thursday, October 12, 1995, that notice had been published as required and that the following appeals were heard: 1) Lloyd and Joann Wilhelm, 1014 South 16th Street, request for variance to the accessory building requirements to erect a garage, with variance approved allowing the attached garage to exceed the allowed 1,000 sq.ft. by 140 sq.ft.; 2) Vern Lilke, 2565 North 42nd Street, request for variance to the side yard requirements to erect a building, with variance approved to reduce the side yard setback requirement of 15 ft. to 10 ft.; 3) David L. Aarvig, 1709 North 4th Street, request for variance to the accessory building requirements to erect an addition to the garage, with variance approved to allow the attached garage to exceed the allowed 1,000 sq.ft. by 272 sq.ft.; 4) Merrilee and Randy Brown, 425 Terrace Drive, request for variance to the accessory building requirements to erect an addition to the garage, with variance approved to allow the attached garage to exceed the allowed 1,000 sq.ft. by 200 sq.ft.; 5) Donald and Kim Sandbothe, 717 Chestnut Street, request for variance to the impervious surface area requirements to install a concrete slab, with variance approved allowing impervious surface maximum requirement of 40% to allow for the installation of a concrete pad in the front yard as shown on the submitted site plan; 6) Ken and Janice Whelan, 809 North 5th Street, request for variance to the impervious surface area, side yard, and buffer yard requirements to erect a garage, with variance denied; 7) Donald and Debra Fischer, 714 Belmont Road, request for variance to the accessory building requirements to erect an addition to the house, with variance approved to allow sideyard requirements of the existing detached garage from 5 ft. to 6 in. to build an addition to the home that will be located 8 ft. from the garage. The Board also indicated they would be in favor of changing the Code re. the accessory building maximum size requirement of 1,000 sq.ft. to 1,200 sq.ft. on properties having over 10,000 sq.ft. of lot area, because of changing building trends and larger lots.

It was moved by Council Member McCabe and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 11 votes affirmative.

COUNCIL MEMBER BEYER REPORTED BACK

APPROVE BILLS

Vendor Payment Listing No. 95-19, dated November 6, 1995, and totaling $698,872.90, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Hanson that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye":
Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, 14261
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Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATIONS FOR THREE-YEAR
REMODELING EXEMPTIONS

Committee No. 1, Finance, reported having considered the applications for three-year remodeling exemptions for the following properties: a) 2551 South Columbia Road, b) 915 Park Drive, c) 3125 Belmont Road, d) 23 Euclid Avenue, e) 508 Ella Street, f) 715 7th Avenue North, g) 923 North 25th Street, and h) 522 South 4th Street, and recommended that we approve the application for the three-year remodeling exemptions.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE GUIDELINES FOR THREE-YEAR
PROPERTY TAX EXEMPTION OF IMPROVEMENTS
TO COMMERCIAL AND RESIDENTIAL BUILDINGS

Committee No. 1, Finance, reported having considered the matter of guidelines for three-year remodeling exemptions, and recommended approval of the guidelines with changes to the language on item five (5) in the commercial area, to make sure that applications are handed out at the time building permit is purchased and replace wording "on the assessment date" with "last assessment date".

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.

It was moved by Council Member Babinchak that the following guidelines for property tax exemption of improvements to commercial and residential buildings be and is hereby adopted: Document No. 6638 - Guidelines.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that these guidelines be and are hereby adopted. Carried 12 votes affirmative.

GRANT EXTENSION OF MEDICAL LEAVE WITHOUT
PAY FOR EMPLOYEE (ELLIS ADAIR)

Committee No. 1, Finance, reported having considered the request for medical leave without pay for Ellis Adair, and recommended that Mr. Adair be granted sixty (60) days extended medical leave with continued health coverage.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE REQUEST TO HOLD WINTER CARNIVAL
ON BANKS OF RED RIVER FEBRUARY 3, 1996

Committee No. 2, Public Safety, reported having considered the request to hold First Frosty Bobber Family Winter Carnival on banks of Red River on February 3, 1996, and recommended that the request be approved.

It was moved by Council Member Sande and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes
affirmative.
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AUTHORIZE INSTALLATION OF NO PARKING SIGNS
ADJACENT TO DRIVEWAY AT 905 32ND AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the matter of authorizing placing of "no parking" signs at 905 32nd Avenue South, and recommended that "no parking" signs be placed 60 feet on either side of the driveways at 905 32nd Avenue South (Village Apartment complex).

It was moved by Council Member Sande and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATIONS FOR SPECIAL
ALCOHOLIC BEVERAGE PERMITS

Committee No. 2, Public Safety, reported having considered the applications for special/limited alcoholic beverage permit by G.F. Goodribs, at 415 DeMers Avenue, for an event on November 16, 1995, and recommended that the application be approved.

Committee No. 2, Public Safety, reported having considered the application for special/limited alcoholic beverage permit by Westward Ho Motel at First American Bank-Valley on November 7, 1995, and recommended that the application be approved.

It was moved by Council Member Sande and seconded by Council Member McCabe that these recommendations be and are hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION RECOGNIZING GRAND FORKS
CENTRAL CENSATIONS DANCE TEAM AS PUBLIC-
SPIRITED ORGANIZATION ELIGIBLE TO CONDUCT
GAMING, AND APPROVE PERMIT

Committee No. 2, Public Safety, reported having considered the application by Grand Forks Central Censations dance team for a raffle on January 22, 1996, and recommended that we adopt a resolution recognizing the Grand Forks Central Censations dance team as a public-spirited organization eligible to conduct gaming, and that the application for raffle be approved.

It was moved by Council Member Sande and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6639 - Resolution.

It was moved by Council Member Sande and seconded by Council Member McCabe that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION RECOGNIZING RED RIVER VALLEY
PHEASANTS FOREVER AS PUBLIC-SPIRITED ORGANIZATION
ELIGIBLE TO CONDUCT GAMING, AND APPROVE PERMIT

Committee No. 2, Public Safety, reported having considered the application by Red River Valley Pheasants Forever for gaming permit (raffle) on February 27, 1996, and recommended that we recognize the Red River Valley Pheasants Forever as a public-spirited organization eligible to conduct games of chance, and to approve the application for permit.

It was moved by Council Member Sande and seconded by Council Member McCabe
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that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6640 - Resolution.

It was moved by Council Member Sande and seconded by Council Member McCabe that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION RECOGNIZING NORTH DAKOTA
CHAPTER OF THE WILDLIFE SOCIETY AS PUBLIC-
SPIRITED ORGANIZATION ELIGIBLE TO CONDUCT
GAMING, AND APPROVE PERMIT

Committee No. 2, Public Safety, reported having considered the application by North Dakota Chapter of the Wildlife Society for gaming permit (raffle) on February 7, 1996, and recommended that we recognize the North Dakota Chapter of the Wildlife Society as a public-spirited organization eligible to conduct games of chance, and to approve the application for permit.

It was moved by Council Member Sande and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6641 - Resolution.

It was moved by Council Member Sande and seconded by Council Member McCabe that this resolution be and is hereby adopted. Carried 12 votes affirmative.

DIRECT THAT CITY CURFEW ORDINANCE BE READ
AT COUNCIL MEETING

Committee No. 2, Public Safety, reported having considered the matter of city curfew, and recommended that the city curfew ordinance be read by the city auditor at the November 6 meeting. It was moved by Council Member Sande and seconded by Council Member McCabe that this recommendation be approved. Carried 12 votes affirmative.

The city auditor read the curfew ordinance, Article 1, Chapter 9, of the Grand Forks City Code of 1987, as amended.

REFER MATTER OF INCREASING FINE FOR STOP
SIGN VIOLATIONS BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of increasing fine for stop sign violations from $21.00 to $30.00, and recommended that stop sign violations be increased to $30.00 effective January 1, 1996 and introduce ordinance change for first reading November 6, 1995 council meeting.

It was moved by Council Member Sande and seconded by Council Member McCabe that this recommendation be and is hereby approved.

It was moved by Council Member Hanson and seconded by Council Member Beyer to amend the motion to increase the fine to $50.00.

Howard Swanson, city attorney, expressed some concern re. increasing fines for stop sign violations without considering all other fines in the present fine system, and suggested that if they increase fine for stop sign violations, to
look at all fines across the board.
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Council Members Hanson and Beyer withdrew their amendment.

Council Members Hoeppner and Sande asked that this matter be referred back to committee for further consideration.

DENY BUDGET AMENDMENT

A request to amend the police department budget in the amount of $4,467.00 to purchase snow removal equipment for the police building was presented to the council. It was moved by Council Member Sande and seconded by Council Member McCabe to approve the amendment.

It was moved by Council Member Hagness and seconded by Council Member Beyer to deny the request for budget amendment.

There was some discussion re. sharing of equipment, cost to contract out, and centralized grounds and maintenance crew for the City.

Upon call for the question on the amendment and upon voice vote, the motion carried 11 votes affirmative; Council Member Hoeppner voting against the motion.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 12 votes affirmative.

APPROVE THREE-WAY AGREEMENT FOR PRIVATE DESIGN
AND INSTALLATION OF IMPROVEMENTS ON NORTH 48TH
STREET FROM ROSE AVENUE TO 17TH AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for street improvements on North 48th Street from Rose Avenue to 17th Avenue North, and recommended that the City of Grand Forks enter into a three-way agreement for street improvements on North 48th Street from Rose Avenue to 17th Avenue North with Strata Corporation.

It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER TO PROJECT NO. 4316,
PAVING ON SOUTH 36TH STREET

Committee No. 3, Public Service, reported having considered the matter of claim for compensation from Valley Contracting on Project No. 4316, paving on South 36th Street, and recommended that due to circumstances to pay the change order in the amount of $2,776.52, with monies to be paid from Highway Users' Fund.

It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4109,
BRIDGE REPLACEMENT AT SOUTH 42ND STREET AND
17TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of
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change order for Project 4109, bridge replacement at South 42nd Street and 17th Avenue South, and recommended that the change order, cost for the City of $187.00, be approved.

It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE VARIOUS EASEMENTS AND QUIT CLAIM
DEEDS

Committee No. 3, Public Service, reported having considered the temporary construction easements for storm sewer and watermain, Storm Sewer Project No. 4340 and Watermain Project No. 4368, at South 34th Street between 24th and 30th Avenues South, for and in consideration of the sum of $1.00 and other good and valuable considerations, grantor: Metropolitan Life Insurance Company, grantee: City of Grand Forks, and recommended approval.

It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 3, Public Service, reported having considered the quit claim deed for property on banks of the Red River, 317 South 3rd Street, for and in consideration of the sum of $1.00 and other good and valuable considerations, grantor: Park District of the city of Grand Forks, to grantee: City of Grand Forks, and recommended acceptance of the deed subject to the Park District acceptance of the deed to Lot 1, Block 1, Medical Park Fourth Addition.

It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 3, Public Service, reported having considered the matter of quit claim deed for property on English Coulee, Lot 1, Block 1, Medical Park Fourth Addition, for and in consideration of the sum of $1.00 and other good and valuable considerations, grantor: City of Grand Forks, to grantee: Park District of the city of Grand Forks, and recommended adoption of a resolution authorizing the private sale of the above referenced surplus property to the Park District for $1.00 and other good and valuable consideration, including the signing of the quit claim deed. (the property was acquired at no cost to the City for English Coulee bikeway and pedestrian walkway, Project No. 3947, and is subject to an easement for same.)

It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE AMENDMENT TO 1995 CDBG PROGRAM
FOR NORTH VALLEY ARTS COUNCIL

Committee No. 4, Urban Development, reported having considered the matter of amendment on the 1995 CDBG program for North Valley Arts Council for an activity change within a previous approved project - CDBG funds would be used for architectural/engineering costs instead of acquisition and demolition costs for the following project: Empire Theatre Preservation by North Valley Arts Council, and recommended approval to amend the 1995 CDBG program for North Valley Arts Council.

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It was moved by Council Member Hanson and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE BEAUTIFICATION FUNDS FOR MOVING
TREES TO VARIOUS LOCATIONS

Committee No. 4, Urban Development, reported having considered the matter of moving trees, and recommended that we authorize funds from Beautification Fund up to $15,000 for moving trees, at $45.00 per tree, to public works facility, various locations in the Industrial Park and Burdick's Subdivision.

It was moved by Council Member Hanson and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER TO FTZ PROJECT

Committee No. 4, Urban Development, reported having considered the matter of change order on Foreign Trade Zone project, and recommended that we authorize change order for FTZ project in the amount of $9,385.82.

It was moved by Council Member Hanson and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE FUNDING FOR PLAYGROUND EQUIPMENT
AT WILDER SCHOOL

Committee No. 4, Urban Development, reported having considered the matter of playground equipment for Wilder School, and recommended that we authorize funds from the CDBG Playground Equipment Fund be approved for purchase of equipment for Wilder School.

It was moved by Council Member Hanson and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 12 votes affirmative.

GRANT FINAL APPROVAL OF COLUMBIA PARK WEST
PUD, DETAILED DEVELOPMENT PLAN, TRUCK BROKERAGE
OFFICE, LOT 2, BLOCK 1, COLUMBIA PARK 22ND ADDN.

The Planning and Zoning Commission reported having considered the matter of the request from Brad Spicer on behalf of Big Sioux Travel Plaza for final approval of Columbia Park West PUD (formerly Columbia Park 4th PUD) (Planned Unit Development), Detailed Development Plan, Truck Brokerage Office, Lot 2, Block 1, Columbia Park 22nd Addition (located at 4571 32nd Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOTS B AND D,
BLOCK 1, HUBERT'S ADDITION, INCL. VARIANCE
TO LOT AREA AND DEPTH
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The Planning and Zoning Commission reported having considered the matter of request from Branden Bartholomew on behalf of Dennis McGurran for final approval of a Replat of Lots B and D, Block 1, Hubert's Addition, Grand Forks, ND, including a variance to the minimum lot area and the minimum lot depth (located at 609 South 4th Street), and recommended final approval subject to special conditions shown on or attached to the review copy including a variance to the minimum lot area and the minimum lot depth.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT 22,
BLOCK 3, BLAIR-SATROM-BAUKOL ADDITION,
INCLUDING VARIANCE TO LOT FRONTAGE

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Clark Piepkorn for final approval of a Replat of Lot 22, Block 3, Blair-Satrom-Baukol Addition to the city of Grand Forks, ND (located at 2257 Springbrook Court), and recommended final approval subject to special conditions shown on or attached to the review copy, including a variance to the minimum lot frontage.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOTS 4,
5 AND 34, BLOCK 1, SIMONSON'S ADDITION

The Planning and Zoning Commission reported having considered the matter of request from Branden Bartholmew on behalf of Roger Abbe for preliminary administrative approval and final approval (fast track) of a Replat of Lots 4, 5 and 34, Block 1, Simonson's Addition to the city of Grand Forks, North Dakota (located in the 3700 block of Simonview Court), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOTS 2,
3 AND 4, BLOCK 2, JOHNSON'S 2ND ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Paul Bothum and Ronald Gibbens for preliminary administrative approval and final approval (fast track) of a Replat of Lots 2, 3 and 4, Block 2, Johnson's 2nd Addition to the city of Grand Forks, ND (located in the 3500 block of 14th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy.

it was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF NODAK
RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of
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the request from CPS, Ltd. on behalf of Nodak Electric for preliminary administrative approval and final approval (fast track) of Nodak Resubdivision to the city of Grand Forks, North Dakota, being a Replat of Lot 2, Block 1, Golden Valley First Addition and a Replat of Lots 2 and 3, Block 1, Golden Valley Second Addition (located between 30th and 32nd Avenue South and between South 38th Street and Interstate No. 29), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO REZONE AND INCLUDE WITHIN THE I-2 (HEAVY
INDUSTRIAL) DISTRICT ALL OF LOTS 2 AND 4,
BLOCK 1, NORTHERN 3RD RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from William O'Connell on behalf of LUCO Properties for preliminary approval of an ordinance to amend the Zoning Map to exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District all of Lot 2, Block 1, Northern 3rd Resubdivision to the city of Grand Forks, North Dakota (located at 1710 North Washington Street), and recommended preliminary approval of the ordinance, to introduce the ordinance and to set the date of the public hearing for December 18, 1995.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Hagness introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the B-3 (Service Business) District and to include within the I-2 (Heavy Industrial) District, all of Lots 2 and 4, Block 1, Northern 3rd Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO PYLON SIGNS

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Office for preliminary approval of an ordinance to amend the Land Development Code Chapter XVIII; Rules and Regulations Article 3; Signs Section 18-0301; General Sign provisions subsection (2) by adding paragraph (BB) which limits business signs to ground monument type signs and prohibits advertising signs (off premises) along and within the southerly 1320 feet of the centerline (section line) of 32nd Avenue South corridor between South Washington Street and South 20th Street excluding Gransberg 2nd Resubdivision and Peabody's 1st Addition, and recommended preliminary approval of the ordinance, to introduce the ordinance and to set the date of the public hearing for December 18, 1995.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved.

Council Member Hagness stated that the council had acted to allow pylon signs on Slumberland property by postponing placing of a moratorium on pylon signs on 32nd Avenue South, that Planning and Zoning has recommended placing of moratorium on all of 32nd Avenue South, however, Slumberland has purchased the property based on action taken by the council, and he would like council to take action to allow pylon signs on Slumberland property.

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November 6, 1995

Howard Swanson, city attorney, advised that on August 21 the council indefinitely postponed any action considering a temporary moratorium, and present zoning for that property is B-3 which would allow pylon signs; the ordinance as drafted would exclude pylon signs at a line drawn 325 feet west of South Washington Street right of way, that would allow pylon signs on Wilcox & Malm property but would not allow signs on the Slumberland property, and that ban would go to the easterly right of way edge of South 20th Street; that if intent is to put no limitation on pylon signs, would defeat ordinance; but if intent is to limit pylon signs beginning at the westerly edge of the Lander property, would need to amend motion to 550 ft. as opposed to 325 feet.
It was moved by Council Member Hagness and seconded by Council Member Hamerlik that the motion be amended and to change the ordinance to read 550 feet west in place of 325 feet west of and parallel to the westerly right of way line for South Washington Street.

Ray LeClerc, Planning Office, stated that ordinance as it came out of Planning and Zoning would prohibit Slumberland from having a monument-type sign.

Mr. Swanson stated that the amendment would exclude Gransberg's Property and he is suggesting they consider both sides of 32nd Avenue South similarly; is suggesting taking all the way to 36th Street and across street. Council Member Hagness stated that the motel property agreeing to monument signs, no reason to go to north side of 32nd Avenue South.

After further discussion and upon call for the question on the amendment to the motion, the amendment carried 12 votes affirmative.

Upon call for the question of adoption of the motion, as amended, and upon voice vote the motion carried 12 votes affirmative.

Council Member Hagness introduced an ordinance entitled "An ordinance adopting Section 18-0301(2)(BB) of the Grand Forks City Code relating to pylon signs", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND LAND DEVELOPMENT
CODE TO INCLUDE RETAIL SALES AS AN INCIDENTAL
USE TO CONTRACTOR'S OFFICES, SHOPS AND YARDS

The Planning and Zoning Commission reported having considered the matter of the request from William O'Connell on behalf of LUCO Properties for preliminary approval of an ordinance to amend the Land Development Code as it relates to retail sales in an I-1 (Light Industrial) District, Section 18-0218,(2)(G), and recommended preliminary approval of an ordinance, to introduce the ordinance and to set the date of the public hearing for December 18, 1995.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved.

Mr. Swanson advised that the ordinance would allow show rooms for related sales; that presently retail sales in industrial districts are extremely limited, this is liberalization of the retail sales,

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative.

Council Member Hagness introduced an ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII, of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0218 (I-l) Light Industrial District, subsection (2) Uses Permitted, paragraph (G) to include
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November 6, 1995

retail sales as an incidental use to contractor's offices, shops and yards", which was presented, read and passed on its first reading.

APPROVE REDUCTION IN BUS SERVICE AND DIAL-
A-RIDE SERVICE EFFECTIVE JANUARY 1, 1996

The Bus Committee reported having considered the matter of bus and Dial-a-Ride Program service cuts, and recommended that night bus and Dial-a-Ride service, and bus and Dial-a-Ride service before 10:00 a.m. on Saturdays all be cut, with the addendum that any positive changes that may be instituted will be added in as feasible, effective date January 1, 1996.

It was move by Council Member Sande and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FARE INCREASES EFFECTIVE JANUARY 1,
1996

The Bus Committee reported having considered the matter of fare increase, and recommended approval of proposed fare increases with an effective date of January 1, 1996.

It was moved by Council Member Sande and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE BUS ROUTE AND TIME MODIFICATIONS